COURT WITH AUTHORIZED AUTHORITY FOR REFERENCE ON LIVING MINIMUM FOR 2023

Military pensioners often have to make great efforts to defend their rights to the pension provision that is actually provided for by law. The presence of relevant legal norms does not underline the fact that in many situations it is necessary to sue the Pension Fund, but first carefully collect the evidence base to confirm the validity of their claims. The team of the "Prikhodko&Partners" law firm regularly deals with client requests. Therefore, we know how to act, and there are effective, practically proven algorithms for helping our clients in such cases. Let's touch on the issue of the updated certificate for retired servicemen in 2020-2023 in more detail.

How this issue is regulated by the current legislation?

Government Decree № 704 dated August 30, 2017 increased the amount of military allowances. At the time of entry into force of the normative legal act, it was stipulated that the sizes of official salaries and salaries for military and special ranks are determined by multiplying the current subsistence minimum by the corresponding tariff coefficients provided in the annexes to the document. On February 21, 2018, the government adopted a new Resolution numbered 103, where the above-mentioned Resolution 704 was amended precisely in paragraph 4, which regulated all of the above. There it is provided that the sizes of official salaries are determined not according to the subsistence minimum, valid for the current hour, but according to the subsistence minimum, current at the beginning of 2018.

If explained in simple words, the definition of official salary was tied to the living wage, the size of which was in effect in 2018 and is very unprofitable for a retired serviceman.

What changes in judicial practice gave the right to receive an updated certificate?

The ruling of the Sixth Administrative Court of Appeal dated January 29, 2020 in case № 826/6453/18, which entered into force on January 29, 2020, declared the aforementioned clause of the CMU Resolution № 103 illegal. This restored the force of paragraph 4 of Resolution of the CMU № 704 and from January 29, 2020, provided servicemen with the right to recalculate their pension taking into account the subsistence minimum, relevant in 2020-2023. However, the situation did not stop there, and military pensioners continue to face problems.

What new laws have again complicated the procedure for obtaining an updated certificate?

Today, the new practice of the Supreme Court in decision № 380/14933/22 dated April 12, 2023 has become relevant. The mass use of the decisions of the first instance regarding the application of the 6-month period for filing an administrative claim in court for the preparation of an updated certificate has begun. In addition, the changes in paragraph 4 of Resolution 704, which has already been mentioned more than once, are alarming. It is now noted that the amount of UAH 1,762 is taken into account when calculating salaries. And this is the subsistence minimum as of the beginning of 2018.

At the same time, we observe how a significant part of clients who managed to condemn the updated certificate of 2020-2033 face a problem at the stage of execution of the court decision. Representatives of TCC JV produce certificates with the amount of support, which is based on the subsistence minimum at the beginning of 2018.

Conclusion

Consequently, one should not waste time, because the changes in judicial practice based on the aforementioned decision of the Supreme Administrative Court will introduce corrections to the solution of this issue and, most likely, will soon lead to the fact that the monetary award will be calculated based on the amount of 1762 hryvnias multiplied by the corresponding coefficient . Therefore, contact specialists who have the necessary work experience and who are able to approach each case in a non-standard way, acting as much as possible in the interests of the client. It is precisely such experts who work in the team of the Prikhodko&Partners law firm.